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R-9170 . . FINANCE MD sd \F \ATTY\USERS\CLAUDIA\BILL 1614 CouncIl Meeting July 22,1997 Santa MOnica, California RESOLUTION NUMBER 9170 (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA OPPOSING ASSEMBLY BILL 1614 AS CURRENTLY DRAFTED AND RECOMMENDING VARIOUS CHANGES WHEREAS, the City of Santa Monica has adopted a Utility User's Tax (UUT) Ordinance for the purpose of providing tax revenues to pay for essential mUnicipal services, Including police, fire, and numerous other valuable commumty services, and WHEREAS, the City's Utility User's Tax applies to certain utility services, regardless of the technology employed to deliver those services, and since neutrality In the application of a tax IS an essentIal pnnclple to assure fairness and equity among the tax paYing citizens of the City, and WHEREAS, the City of Santa MOnica's Utility User's Tax (UUT) Ordinance Imposes a tax on the use of telecommunication services Within the City In the same manner as the federal excise tax IS apphed, regardless of the technology employed to deliver thiS service, and WHEREAS, access to the Internet over the public-swItched network IS now offered by all maJor telecommunication providers for a small monthly fee, and the Internet has - 1 - . . become widely used by the public, for pnvate and commercial purposes, as a means of communications, and WHEREAS, as a result of advances In digital technology, VOice quality commUnications are now possible over the Internet, and when similar vOice quality communications take place over the publlc~swltched network, they are taxable under the federal excise tax rules and the City's Utility User's Tax ordinance, and WHEREAS, to the extent that such vOice quality commUnications over the Internet are deemed taxable under the federal eXCise tax, now or In the future, charges for access to the Internet would be subject to the City's Utility User's Tax, In the same manner as charges for access to local and long distance wire and wireless networks are today, and WHEREAS, Assembly Bill 1614 (California) would propose to place a moratorium on all sorts of local taxation of the Internet, including taxatIon of telecommunications services over the Internet under the City's eXisting Utility User's tax ordInance, and WHEREAS, such legIslation, If adopted as presently worded, could result In an unfair bias, faVOring the Internet telecommunicatIon technology over numerous other technologies, and could, therefore, violate the taxation prinCiple of neutrality, and such legislation would create an economic incentIve to shIft communications from a taxable technology to an exempted one, resulting In a loss of local tax revenues to the City, -2- . . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS SECTION 1 Unless AS 1614 IS amended to permit neutrality of tax application under the City's eXisting Utility User's Tax ordinance, the City opposes AS 1614 SECTION 2 If neutrality IS assumed under such legislation, then to the extent that the City's Utility User's Tax ordinance applies to telecommunication services over the Internet, It would only apply to the access fee (or similar fees for transmiSSion services), and not to "content" or "commerce" taking place over the Internet SECTION 3 The City Clerk shall certify to the adoption of this Resolution and thenceforth and thereafter the same shall be In full force and effect APPROVED AS TO FORM h , \( 1 , t MVL ~)\..{A./U..a.( f1--1 Marsha Jones Mbutne City Attorney -3- . . Adopted and approved thIs 22nd of July 1997 ~o~r I, Mana M Stewart, CIty Clerk of the City of Santa MOllIca. do hereby certIfy that the foregomg ResolutIOn 9170(CCS) was duly adopted at a meetmg of the City CouncIl held on the 22nd of July, 1997 by the follo\\<1.ng vote Ayes CouncIlmembers Femstem. Genser, Mayor Pro T em Holbrook, Mayor O'Connor, Rosenstem )Toes CouncIlmemhers None Abstam Councllmemhers None Absent Councllmemhers Ebner. Greenberg ATTEST ~,~ ~~ "- Mana M Stewart, CIty Clerk